-
[Moderator]: Good morning, friends from the press. Welcome to the Policy Press Conference of the State Administration of Foreign Exchange (SAFE) for the first quarter of 2015. The theme of today's press conference is Foreign Exchange Administration Policies for 2015 Q1. [10:16] [Moderator]: I am Wang Yungui, director-general of the General Affairs Department of the SAFE. Today my three colleagues are present at the conference as well. They are Du Peng, director-general of Current Account Management Department, Guo Song, director-general of Capital Account Management Department, and Zhang Shenghui, director-general of Supervision and Inspection Department. [10:17] [Moderator]: First, I’d like to share with you the recent foreign exchange administration policies. Since the beginning of 2015, the SAFE has actively adapted to the new normal of economic development, accelerated "five shifts" in foreign exchange administration, stepped up efforts to streamline administration and delegate power, taken reform and making breakthroughs as its work priorities and promoted the convertibility of capital accounts in a good order, while combining delegation and regulation, and stressing risk prevention and control, thus driving the stable and healthy development of the economy. Below are the reform measures introduced in the quarter: [10:17] [Moderator]: First, deepening the foreign exchange administration reform for cross-border e-commerce [10:18] [Moderator]: The SAFE kicked off a pilot program for foreign exchange payment for cross-border e-commerce in Shanghai, Beijing, Chongqing, Zhejiang and Shenzhen in 2013, allowing payment institutions to handle receipt, payment, settlement and sales of foreign exchange funds under small-sum purchases and cross-border activities including booking air tickets, staying in hotels and studying abroad, which have been widely applauded by the public. Based on this, the SAFE further advanced the pilot program and rolled it out nationwide in January 2015. It simplified the foreign exchange payment process and relaxed the quota on a single online transaction from the equivalent of USD 10,000 to the equivalent of USD 50,000. Meanwhile, the principles of real name and transaction-by-transaction data collection were followed to prevent the risks arising from abnormal transactions. [10:28] [Moderator]: The pilot program has taken shape so far, providing convenient payment support for cross-border online shopping such as overseas purchases by companies and individuals. Payment institutions processed USD 1.7 billion in foreign exchange receipts and payments through the pilot program in 2014, and USD 610 million in foreign exchange receipts and payments between January and February 2015. [10:28] [Moderator]: Second, removing or delegating to lower-level authorities the administrative approval for foreign exchange insurance business [10:29] [Moderator]: The SAFE released the Guidelines for Foreign Exchange Administration for Insurance Business in January 2015 and nullified eight relevant foreign exchange administration rules together with the China Insurance Regulatory Commission (CIRC), including the Interim Regulations on Foreign Exchange Administration for Insurance Business. The Guidelines made it clear that all the qualification approval for domestic insurance companies to run foreign exchange insurance business would be delegated to the SAFE branches, and that the approval for opening or closing foreign exchange accounts by insurance companies would be canceled, except for registration for opening an account for the first time, and that an insurance company's foreign exchange funds can be collected or paid in a centralized way. [10:29] [Moderator]: Third, carrying out a pilot program to reform macro-prudential management of external debts [10:31] [Moderator]: In recent years, the SAFE has stepped up efforts to streamline administration and delegate power, actively explored the replicable and promotable experience in the capital account reform, and combined motivating the market dynamics and accelerating transformation of management models to facilitate cross-border financing and investment by companies, which have delivered progress in capital account convertibility. Overall, the reforms in the Twelfth Five-Year Plan period have effectively promoted the convertibility process. Latest statistics show that of the 40 capital account transaction items, 34 items have been partially convertible or beyond, accounting for 85%. [10:31] [Moderator]: Following the gist of the Decision from the Third Plenum of the 18th CPC Central Committee, the SAFE has taken a crucial step in building and improving the external debts system under the macro-prudential management framework since the beginning of this year. In February 2015, the SAFE approved that a pilot program of macro-prudential management adopting the external debts proportional self-discipline model should be conducted in the Core Area of Beijing Zhongguancun National Self-dependent Innovation Demonstration Area, Jiangsu Zhangjiagang Free Trade Zone, and Shenzhen Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Area. To be specific, the outstanding external debts of a non-financial enterprise in the pilot zone should not exceed twice the net assets of the enterprise for the previous year, and the total debts of a Chinese non-financial enterprise should not surpass 75% of its total assets. This reform has helped balance the treatment of Chinese and foreign-funded companies, and better satisfied companies' demand for cross-border financing, and thus can somewhat ease companies’ difficulties of raising funds and reducing the cost of financing. This policy has attracted strong interest from companies immediately after its introduction. In one week, more than ten companies in the pilot zones raised funds from abroad at a low cost through this policy. These companies are generally Chinese companies with demand for overseas financing and this policy helped them reduce the cost of financing by 2-3 percentage points. [10:31] [Moderator]: Fourth, removing the administrative approval for foreign exchange administration for FDI and ODI [10:31] [Moderator]: The SAFE released in February 2015 the Circular on Further Simplifying and Improving the Policies for Foreign Exchange Administration of Direct Investments and launched many facilitation measures for direct investments, including four reform measures, i.e.: removing the verification for registration of foreign exchange under direct investment, simplifying the management of confirmation and registration of capital contributed by foreign investors under the domestic direct investment, removing filing of foreign exchange for overseas reinvestment, and canceling annual check of foreign exchange under direct investment. Since the launch of the reform, the absolute majority of the businesses under direct investment can be processed directly at banks, and companies need not go to a foreign exchange authority for registration or verification. This indicates that the administrative approval for administration of foreign exchange under direct investment has been basically removed and foreign exchange under direct investment is generally convertible. [10:32] [Moderator]: Fifth, enhancing management of franchised institutions for domestic and foreign currency exchange for individuals and of their business [10:32] [Moderator]: The SAFE issued the Circular on Relevant Issues Concerning Standardizing Domestic and Foreign Currency Exchange Franchise Business for Individuals and Foreign Currency Exchange Business,requiring that the SAFE branches should enhance the market access management for domestic and foreign currency exchange franchise business for individuals and foreign currency exchange business, rigorously review applicants' qualifications, intensify day-to-day supervision and management, and stressing that the SAFE branches must suspend or revoke the business of any franchised institution if it runs the business without permission or beyond its business scope or is suspected of getting involved in online foreign currency speculation, to better maintain the market order. [10:32] [Moderator]: Sixth, cracking down on foreign exchange-related legal and regulatory offences [10:32] [Moderator]: The SAFE has continued to aggressively crack down on abnormal foreign exchange flows since the beginning of 2015 to guard against the risks arising from cross-border capital flows. First, inspecting banks as the main target. At the end of 2014, the SAFE organized special nationwide inspections of banks that operate the foreign exchange business, and emphasized internal control and external regulation of banks. It identifies serious problems and hidden risks associated with the foreign exchange business in banks to clamp down on operation violations. Moreover, it identifies the weak points of banks in implementing the foreign exchange administration policies and regulations to enhance banks' compliance in operating foreign exchange business and curb regulatory and legal offences regarding the foreign exchange business. The special inspection is underway now and expected to be completed by the end of May. Second, continuing with subsequent handling of cases carried forward from the 2014 special inspections such as of entrepot trade and forward foreign exchange settlement, and foreign exchange regulatory offences. The SAFE investigated and dealt with 1903 cases throughout 2014, with an administrative fine of RMB 445 million. In particular, the SAFE cooperated with the public security authorities to uncover 32 cases of foreign exchange legal offences such as underground money shops and confiscated RMB 222.4 billion from these cases, thus effectively intimidating regulatory and legal violators regarding foreign exchange. [10:32] [Moderator]: Overall, the SAFE, based on market demand, has actively promoted the capital account convertibility and steadily implemented a series of foreign exchange administration reforms and measures, which have played significant roles in satisfying domestic individuals' demand for holding and using foreign exchange, facilitating market players like companies to conduct cross-border financing and investment and guarding against abnormal cross-border capital flows. [10:33] [Moderator]: Now please ask your questions on these foreign exchange administration policies and remember to tell us where you are from before raising your questions. [10:33] [Journalist]: I have two questions and the first is about the RMB account convertibility policy. Zhou Xiaochuan, PBC governor, said last weekend that the PBC is expecting to basically realize capital account convertibility by the end of this year, and I am wondering what steps the SAFE would take to achieve this target. In face of the challenges from the global market, including the differentiation of European and American policies and the pressure from capital flight on the emerging capital market, how will the SAFE respond to the risks arising from the implementation of these steps? [10:48] [Journalist]: The second question is about foreign exchange settlement and sales. What other non-banking financial institutions besides Harvest Fund and Guotai Junan will be qualified for running this business? [10:48] [Guo Song]: Capital account convertibility is a significant issue that is to be addressed during the 12th Five-Year Plan period while this year is the last year in the period. Zhou Xiaochuan, PBC governor, has proposed the necessary work to be done, including modifying the foreign exchange administration regulations, further opening the capital market and facilitating individuals' investment or transfer. We have been pursuing capital account convertibility for years from all aspects. As was said earlier, about 85% of the 40 capital account transaction items we assessed are partially convertible now. [10:49] [Guo Song]: How to advance this process? It can be done in multiple ways. What we should do is to streamline administration and delegate power, lessen interference into the transactions and cut approval items. We have done a lot over the past five years, reducing administrative approval items concerning capital account from more than 50 to 17, or by 71%. [10:49] [Guo Song]: What's more, what was prohibited in the past is being opened and done, where we also have done a lot. Given that the capital account convertibility requires coordination and cooperation among multiple departments, the SAFE has introduced within the compass of its power many measures to pursue the capital account convertibility. For example, the centralized management of MNCs' funds enables conglomerates to operate capital within the company more easily. The QDLP pilot program currently in force in three regions aims to identify more channels for going global or bringing in. Moreover, the pilot reform of macro-prudential management of external debts is now carried out in three regions for proportional self-discipline of external debts. All these measures are advancing the process of capital account convertibility. [10:49] [Guo Song]: As for your second question, I would like to say that we did grant the qualifications to two securities firms for foreign exchange settlement and sales. But what they can do after obtaining the qualification is still in question. Will more institutions obtain the qualification in the future? Definitely, provided that the two institutions deliver a good performance. But if the two institutions find nothing could be done, I guess other institutions will not be interested in this in the future. [10:49] [Financial channel of CCTV]: I noticed that China witnessed a trade surplus of more than USD 120 billion, while a deficit of foreign exchange settled and sold of more than USD 120 billion in the first two months of this year. Are the two figures contradicting with each other? Does this indicate massive outflows of cross-border capital? How will the SAFE respond to this? [11:16] [Wang Yungui]: I'd like to use figures to make a clarification. This contains three aspects: first, as is monitored, there is still a net inflow of cross-border receipts and payments. From August to December 2014, there were net outflows of cross-border receipts and payments, or the outflows exceeded the inflows of cross-border receipts and payments by enterprises and individuals via banks, but this situation reversed in January and February 2015. Data show that after deducting cross-border payments from cross-border receipts, there was a net inflow of USD 55.1 billion, representing a year-on-year increase of 38%. Specifically, the net inflow under trade in goods stood at USD44.9 billion, which was 5.6 times that of the same period last year. Therefore, the monitoring data indicate that there is still a considerable net inflow of cross-border receipts and payments. [11:16] [Wang Yungui]: The second figure is about foreign exchange settlement and sales via banks. There was a deficit of USD 25.4 billion in foreign exchange settlement and sales in January through February. What's your idea of this deficit? It should be viewed from two perspectives. First, plenty of export revenue has not been settled but been deposited as foreign exchange. From January to February, the proportion of export revenue translated into the RMB was down by 10 percentage points while the foreign exchange deposit of enterprises and individuals rose by USD 63.9 billion, indicating the surplus or deficit in foreign exchange settlement and sales is a structural adjustment between the central bank's foreign exchange reserves and private foreign exchange savings. In others words, enterprises and individuals are optimizing the currency structure of their balance sheets by holding more USD assets, which doesn't mean capital outflows however. [11:17] [Wang Yungui]: The third figure is about the basic items of the balance of payments. Generally there are two basic items of the balance of payments, namely, trade and direct investment. Customs statistics show that China witnessed a surplus of trade in goods of USD 120.6 billion in January to February 2015, up by 11.8 times year-on-year, and used USD 22.5 billion in foreign capital, up by 17%. The sum of the two figures surpassed USD 140 billion. These basic figures of the balance of payments also show there is no capital outflow. [11:17] [Wang Yungui]: Given these figures, China's GDP is rapidly increasing, compared with its international counterparties, and the investment, consumption and export remain robust, with great potential for growth. China kept adjusting itself over the past few years, with enforced strengths in structural optimization and self-motivation for economic development. Overall, no data is supporting the assertion that China 's economy is on the decline and capital is flowing out of the country. [11:17] [Journalist]: What was your consideration to conduct macro-prudential management of external debts starting from last year? What's the effect? [11:22] [Guo Song]: The macro-prudential management of external debts has been written into the resolution document of the Third Plenum of the 18th CPC Central Committee to build a management system for external debts and capital flows under the macro-prudential framework. To implement the resolution document of the Third Plenum of the 18th CPC Central Committee, the SAFE adopts the proportional self-discipline management of external debts. Proportional self-discipline is a simple concept with the same meaning of a buzzword, macro prudence. Macro prudence takes many factors into consideration, such as the level of a country's total liabilities and the level of corporate liabilities. The proportional self-discipline is being explored on a small scale, aiming to implement the resolution of the Third Plenum of the 18th CPC Central Committee and create a fair market environment. It used to be easy for foreign-funded enterprises to borrow external debts but hard for Chinese companies to do so since the overseas market was not opened and posed many restrictions. The data we released show that almost none of the Chinese enterprises had external debts. The second aim is to create a fair market environment that enables both Chinese and foreign-funded enterprises to have equal treatment in this area. The third aim is to address the difficulties and reduce the cost of financing by enterprises. Overseas financing is surely cheaper than domestic financing, which, just as Mr. Wang Yungui said earlier, is about 1-2 percentage points lower. That's why overseas financing is considered a way to ease the difficulties of and cut the cost of financing. But as the proportional self-discipline measure was just launched and signing a loan contract takes time, there are not many transactions yet. We do not expect many transactions, but do hope that this can satisfy some companies' demand to win fair market competition. In the past, borrowing external debts required approval from the SAFE, which is now replaced by proportional self-discipline, that is, all the companies can borrow money without prior approval from the SAFE, provided that these companies' external debts do not exceed a certain proportion of the approved assets as of the end of the previous year. [11:23] [Journalist]: Can QFII and RQFII access the inter-bank market, according to the foreign exchange policy? [11:28] [Guo Song]: Definitely. QFIIs must make sure that less than 50% of its assets will access the inter-bank market. But there is no similar limit on RQFIIs. All of the assets of RQFIIs can access the market. But they can also choose not to enter the market. [11:28] [Journalist]: It was recently reported that the QFII and RQFII systems may require registration? What would you say about this? [11:29] [Guo Song]: We have been considering reforming the QFII and RQFII systems. It is relatively convenient for RQFIIs to make investments as we carried out some reforms in this regard. We are also considering making some changes to the QFII system. For example, removing the upper limit of USD 1 billion, which I believe will be completed in a couple of days. We are considering facilitating capital inflows and outflows too. [11:29] [Journalist]: The data released by the Bank for International Settlement at the end of last year show that the Chinese companies had overseas debts of USD 1.1 trillion. What about the data that have been monitored by the SAFE? The overseas media have been recently saying that as the US dollar appreciates, these debts would be at stake, putting heavy pressure of capital outflow on China 's economy. [11:54] [Guo Song]: As of last September, China reported a balance of USD 894.8 billion in foreign currency debts, which is quite different from USD 1.1 trillion you just said. The data I said refers to the balance of foreign currency debts the Chinese institutions including the Chinese government owe to overseas counterparties, which exclude the domestic currency. The two figures are different in statistical standards. Some institutions with overseas debts or liabilities might be registered overseas, so in theory they are not Chinese institutions and excluded from our statistics and management. The problem is whether these debts will increase the liabilities of domestic players if transferred into China . We have also noticed that the corporate liability ratio is overly high now. In carrying out the pilot program of proportional self-discipline of external debts in three regions as I said earlier, we attach a restrictive term that the total liability ratio should not exceed 75%. We don't expect to see over-indebted companies, either. But it is likely. Will over-indebted companies affect the country's overall liability risk? This is another question. Currently, China's overall external debts are at a rational level, say, a little more than USD 890 billion, which can match our foreign exchange reserve of USD 3.95 trillion, indicating that China is fully solvent at the country level. A company's solvency is an individual case. Generally speaking, the risk is within control. [11:54] [Journalist]: The IMF will review currencies in the SDR basket in the second half of this year. My question is how likely the RMB will be included in the SDR basket this time? What new actions will be taken or what has been done to promote the inclusion of the RMB in the SDR basket? [11:57] [Wang Yungui]: Mr. Zhou and Mr. Yi answered your questions in detail during the National People's Congress and Chinese People's Political Consultative Conference. We should be objective in having the RMB included in the SDR basket. We would do our best to make it happen, but also assess the situation objectively. [11:57] [Wang Yungui]: While driving the inclusion of the RMB in the SDR basket, we should focus on the domestic reforms, promoting the two-way opening-up of the capital market, further boosting the convertibility of the RMB under the capital account, and enhancing the free use of the RMB in international exchange. With all these efforts, inclusion of the RMB in the SDR basket would become a natural result. [11:57] [Economic Daily]: Mr. Zhou said we might realize capital account convertibility this year, but some scholars are concerned about capital flight given the changes in the domestic and international environment. What would you say about this? What approach is or will be adopted to control the possible capital flight as we are striving to realize capital account convertibility or after capital account convertibility has been realized? [12:09] [Wang Yungui]: It was required by the Third Plenum of the 18th CPC Central Committee that we should realize capital account convertibility. To this end, the PBC and the SAFE have done a lot. As I said earlier, 85% of capital account is convertible now. This means there is only the last mile left on the path to capital account convertibility. In the process, we devoted ourselves to promoting reforms while preventing risks, and fully assessed the possible impact of the capital account convertibility on cross-border capital inflows and outflows. According to the domestic and international authoritative literature, it is very hard to make certain whether a country will witness capital inflows or outflows after the full convertibility of capital account is realized. Persistent efforts should be made to explore and improve the reform schemes as the reforms proceed. Under the leadership of the CPC Central Committee, the State Council and the PBC, the SAFE has always combined the process of convertibility with administration streamlining and power delegation. Meanwhile, by building relevant statistical information system and management information system, the SAFE has closely monitored and analyzed the cross-border capital flows, and collected statistical data. So far, our schemes and reform steps have proved feasible. [12:09] [Wang Yungui]: Whether it is capital inflow or outflow depends more on the macro economic conditions in the domestic and global market. The current domestic economic conditions prove that our efforts in promoting reforms and adjusting structure are effective. We also believe that the absolute majority of domestic and international market players will calmly and objectively assess capital inflows and outflows. I said just now that China witnessed a trade surplus of roughly USD 120 billion and received USD 22.5 billion of FDI in January through February, which indicates that there are net cross-border capital inflows. Therefore, it is viable to stably realize capital account convertibility amid the current reformative environment. In this process, our top priority is to control risks and capital outflows, so as to guard against the systematic and regional financial risks, which is our bottom line. The roles and responsibilities of individual players who fail to put risk prevention measures in place as we pursue capital account convertibility should be defined by the market by clearly defining the ownership, while we are committed to guarding against systematic and regional financial risks. [12:10] [South China Morning Post]: I want to confirm what Mr. Guo said just now. Is it true that we will see the upper limit on QFII exceeding USD 1 billion in a couple of days? [12:10] [Guo Song]: It's true. We will release the data soon, and you will see that. [12:11] [South China Morning Post]: Is it a natural breakthrough, instead of an institutional change? [12:11] [Guo Song]: Institutional change takes time. [12:11] [South China Morning Post]: My second question is what the SAFE would say about the overstatement of the RMB, as said by Asian Development Bank? Both the OECD and Asian Development Bank expect China to improve the RMB exchange rate formation mechanism. What are the new considerations in the RMB exchange rate reform this year? Will the trade-weighted exchange rate be adopted to make the RMB exchange rate more reflective of the market demand? [12:27] [Wang Yungui]: The RMB exchange rate formation mechanism reform has always been a key issue in the exchange rate reform, not merely about the level. We have been stressing that the exchange rate reform should focus on the building and improvement of the mechanism. Specifically, the RMB exchange rate formation mechanism aims to give the market a decisive role in the formation of the RMB exchange rate. As you can see, the central bank phased out the normal interference in the market in the past year, with the bilateral exchange rate between the RMB and US dollar fluctuating by 2% or -2% every day while the exchange rate of RMB against other currencies fluctuating in a broader range, which indicates that the exchange rate is decided by the market is playing a larger role. When studying the exchange rate of RMB against foreign currencies, we should look at the exchange rate of RMB against a basket of currencies, including euro and Japanese yen, not just the US dollar. While the exchange rate of RMB against the US dollar depreciates, it is likely that the exchange rate of RMB against many other currencies appreciates. The RMB has been appreciating all the time, including in the first two months of this year, according to the two exchange rate indexes of the Bank for International Settlements, namely, the nominal effective exchange rate and the real effective exchange rate. In monitoring the exchange rate, other countries focus on the exchange rate against a basket of currencies. The US dollar index, for example, is an index for the USD exchange rate against a basket of currencies. This holds true for China . As the RMB exchange rate formation mechanism reform kicked off in 2005, it was made clear that a managed RMB exchange rate mechanism would be adopted and adjusted with reference to a basket of currencies. Relevant regime design should be conducted under the existing policy framework. [12:28] [Journalist]: A source said yesterday that a foreign-funded company in Shanghai violated laws by having its foreign exchange settled to buy housing, but failed in the lawsuit against a foreign exchange authority. I wonder why a company will be fined after its foreign exchange has been settled, and what's the cause of such a case? [12:35] [Zhang Shenghui]: It is normal that the administrative enforcement authority and the administrative counterpart have conflicts or disputes with each other on some issues. It is everyone's legitimate right to request hearing and administrative reconsideration, or even to file a lawsuit, and we respect such rights. Since every case has its unique features, it is hard to generalize them. Of the more than 1,900 cases we handled in 2014, only 6 cases requested reconsideration, which was low. But it should be noted that people's awareness to protect rights and the state's requirements on law-based administration are increasing, which I believe will ensure that the law enforcement team stringently abide by laws and will protect the rights of administrative counterparts. [12:36] [Moderator]: This is the end of today's press conference. Thank you for your attention to foreign exchange administration and for coming to this conference. A press conference on foreign exchange situation will be held at the Information Office of the State Council by late April. We are looking forward to your attendance to pay more attention to foreign exchange administration in China . Thank you. [12:36] (The original text is available at www.people.com.cn) 2015-06-05/en/2015/0605/1159.html
-
Yi Gang, Secretary of Party Leadership Group and Administrator of the State Administration of Foreign Exchange (SAFE), chaired on January 22 a party leadership group meeting to restudy the gist of the fifth plenary session of the 18th CPC Central Commission for Discipline Inspection (CCDI), study the implementation measures, listen to the work report by the disciplinary inspection team of the party leadership group and make plans for rectifying undesirable work styles, upholding integrity and combating corruption in 2015. The attendees listened to the report delivered by the disciplinary inspection team on rectifying undesirable work styles, upholding integrity and combating corruption. In 2014, the SAFE implemented the gist of the third and fourth plenary sessions of the 18th CPC CCDI and the State Council's second work conference on clean government, performed its principal and supervisory responsibilities, and managed and governed CPC members in accordance with regulations. Following the gist of the CPC Central Committee's eight-point guideline for official conduct, the SAFE improved the anti-corruption and integrity systems and mechanisms, enhanced education and administration of CPC members and officials, and rigorously investigated and dealt with regulatory and disciplinary offenses, while focusing on its main business, dedicating itself to the "three transformations" and strengthening disciplinary inspection and supervision departments' capabilities of fulfilling their responsibilities, thus providing a political guarantee for foreign exchange administration. Under the leadership of the CPC CCDI and the SAFE Party Leadership Group, the disciplinary inspection team conscientiously performed its supervisory responsibilities by enhancing supervision, being strict in disciplinary inspection, rigorously carrying out the accountability system, strengthening its business capabilities and cleaning up the undesirable work styles, whereby successfully completing its tasks. The meeting pointed out that the speech by Xi Jinping, General Secretary of the CPC, at the fifth plenary session of the 18th CPC CCDI provided guidance and an ideological tool for CPC members to fully understand the tough situation in the fight against corruption and to press ahead with rectifying undesirable work styles, upholding integrity and combating corruption. Taking implementation of the gist of Xi's speech and of the requirements of governing the CPC in a strict way as a key political task, the CPC organizations of the SAFE at all levels should convey the pressure level by level and perform the "two responsibilities" to fully implement the decisions and plans of the CPC Central Committee and the CPC CCDI, based on the foreign exchange administration practice and the actual building of CPC members and officials team. The meeting studied the general ideas and work priorities in the SAFE's efforts to rectify undesirable work styles, uphold integrity and combat corruption in 2015. It was decided at the meeting that a work conference on rectifying undesirable work styles and upholding integrity would be convened soon to implement the gist of the fifth plenary session of the 18th CPC CCDI and make plans for the work in 2015. 2015-04-02/en/2015/0402/1153.html
-
To further advance administration streamlining and power delegation, and improve foreign exchange administration for the insurance business, the State Administration of Foreign Exchange (SAFE) recently released a Circular on Printing and Issuing Guidelines for Foreign Exchange Administration for Insurance Business (Huifa No. 6 [2015], hereinafter referred to as the “Circular”). The Circular is highlighted as follows: First, streamlining administration and delegating power. The power to examine and approve the entry/exit of an insurance institution into/from foreign exchange insurance market as well as the conversion between domestic currency and foreign currency should be delegated. The ex-ante approval of entry/exit of insurance institutions at the provincial level and lower levels into/from foreign exchange insurance market should be cancelled. The requirement that the qualification of an insurance institution that provides insurance services in foreign exchange shall be reviewed every three years should be cancelled. Second, standardizing management. The business rules for activities including cross-border insurance, utilization and entrusted management of foreign exchange funds should be defined to standardize the use of foreign exchange accounts of an insurance institution. Third, integrating legislations. Eight regulations on foreign exchange administration related to insurance business should be abolished to facilitate the market players in understanding and implementation. Fourth, simplifying procedures. A processing financial institution may, based on the principles of “know your customer”, “understand your business” and “due diligence”, simplify the review documents for insurance business in foreign exchange. The centralized receipt and payment of foreign exchange under insurance business is allowed within the same insurance institution as a legal person. Fifth, improving supervision. Requirements for data submission should be made clear, and ex post monitoring and verification of foreign exchange under insurance business and related foreign exchange receipts and payments. The Circular shall come into force on March 1, 2015. 2015-04-02/en/2015/0402/1154.html
-
To actively support the development of cross-border e-commerce, and guard against the risks arising from online foreign exchange payments, the State Administration of Foreign Exchange (SAFE) has since 2013 implemented the pilot program of foreign exchange payment business forcross-border e-commerce through payment institutions in Shanghai, Beijing, Chongqing, Zhejiang and Shenzhen, and the outcome of the pilot program has been satisfactory. On this basis, the SAFE recently issued the Circular on the Implementation of the Pilot Program of Cross-border Foreign Exchange Payment Business through Payment Institutions (Huifa No.7 [2015], the "Circular"), to pilot cross-border foreign exchange payment business through some payment institutions across the country, allowing the payment institutions to provide the parties of cross-border e-commerce transactions with foreign exchange receipts, payments, settlement and sales services. The major contents of the Circular include: first, raising the limit on a single transaction. The limit on a single transaction in online shopping is raised from the equivalent of USD10,000 to the equivalent of USD50,000, and the restriction on the number of foreign exchange reserve accounts opened by a payment institution is relaxed. Second, regulating the processes of the pilot program. Any payment institution shall register with the foreign exchange authority at the place of its incorporation on the List of Enterprises Making Foreign Exchange Receipts and Payments under Trade to be qualified for the pilot program. Third, implement strict risk management. Any payment institution is required to strictly perform the responsibility of verifying the authenticity of transactions, retain relevant information for 5 years for future reference, and promptly and accurately submit relevant business data and information. The foreign exchange authorities will carry out offsite and onsite verifications on the pilot business for prudential regulation. The Circular shall come into effect as of the date of issuance. 2015-03-16/en/2015/0316/1150.html
-
To further deepen the reform of foreign exchange administration for direct investment, and boost and facilitate the operations of cross-border investment funds by enterprises, the SAFE has recently issued the Circular on Further Simplifying and Improving Policies for Foreign Exchange Administration for Direct Investment (Hui Fa No. 13 [2015], hereinafter referred to as the “Circular”). The Circular is highlighted as follows: 1. Canceling registration and verification of foreign exchange under direct investment. Domestic and overseas investment entities can go directly to banks for registration for foreign exchange under domestic or overseas direct investment. 2. Simplifying registration management for confirmation of capital contribution by a foreign investor under domestic direct investment. The registration for confirmation of non-monetary capital contribution by a foreign investor under domestic direct investment and registration for confirmation of capital contribution by a foreign investor for acquisition of a Chinese shareholder's equity are cancelled. The registration for confirmation of monetary contribution by a foreign investor is replaced with registration for accounting entry of monetary contribution for domestic direct investment. 3. Canceling filing of foreign exchange for overseas reinvestment. Foreign exchange filing will no longer be required for overseas reinvestment for establishment of or control over another overseas enterprise by an overseas enterprise established or controlled by a domestic investment entity. 4. Canceling annual check of foreign exchange for direct investment and replacing it with registration for accumulated equity in domestic and overseas direct investment. The period for registration will be extended to allow enterprises to report relevant data via multiple channels. 5. Enhancing ongoing and ex post regulation. The foreign exchange authorities increase training and instructions to banks, strengthen ex post verification and inspection, require banks to raise their awareness of compliance, and specify punitive measures on violating banks. The Circular shall come into force on June 1, 2015. 2015-04-29/en/2015/0429/1155.html
-
In order to maintain market order, safeguard the interests of the general public, and promote the normal operation of domestic and foreign currency exchange franchise business for individuals and foreign currency exchange business, the Circular of the General Affairs Department of the State Administration of Foreign Exchange on Relevant Issues Concerning Standardizing Domestic and Foreign Currency Exchange Franchise Business for Individuals and Foreign Currency Exchange Business (Huizongfa No. 38 [2015], “the Circular”) was issued by the State Administration of Foreign Exchange (SAFE) recently. The Circular further standardizes and refines administration of domestic and foreign currency exchange franchise business for individuals and foreign currency exchange business, clarifies regulatory contents for market access, daily monitoring and ex-post disposal, and restates the regulatory requirements of forbidding illegal online foreign exchange speculation activities in the name of domestic and foreign currency exchange franchise business for individuals or foreign currency exchange business. The Circular shall take effect as of the date of promulgation. 2015-06-05/en/2015/0605/1158.html
-
To further increase the transparency of the balance of payments data and make better use of the social benefits of statistics, the State Administration of Foreign Exchange (SAFE) will release the data under the two subitems of foreign-related receipts and payments by banks on behalf of customers, namely trade in goods (by the Customs statistical standard) and other investments, monthly data on trade in goods under China's balance of payments, and monthly data on the overview of transactions in the Chinese foreign exchange market, based on the standards and types of data released every month, and stop releasing the quarterly data on non-residents' RMB deposits starting from 2015. To facilitate the use of the time series data, the SAFE will update the historical data on foreign-related receipts and payments by banks on behalf of customers since 2010. 2015-03-31/en/2015/0331/1152.html
-
The year 2015 marks the first year to promote rule of law in China in an all-round way.The SAFE has abolished and nullified more than 700 documents on foreign exchange administration since 2009, and recently released the Circular of the State Administration of Foreign Exchange on Abolishing and Nullifying 50 Regulatory Documents on Foreign Exchange Administration (Huifa No. 17 [2015]) to step up efforts to streamline laws and regulations. To be specific, 27 documents are to be abolished and 23, nullified. These 50 documents chiefly include: first, those that are not in conformity with the foreign exchange administration philosophies and to be streamlined or changed to show the fruits of the reforms in key areas of foreign exchange administration such as capital account. In recent years, the SAFE has streamlined administration and delegated power to lower-level authorities by vigorously promoting the foreign exchange administration reform in direct investment, external debts, external guarantee, capital market and sales and settlement of foreign exchange by banks, to release the dividends of the reform and serve the development of the real economy.Of the 50 documents to be abolished and nullified this time, 50% are those to be abolished or declared invalid after the foreign exchange administration reform for capital account or financial institutions.Second, those that are not inconformity with the new requirements for acquiring foreign exchange administration statistical data and to be streamlined to show the continued improvement of statistical monitoring of cross-border capital flows.In recent years, the SAFE has built unified data acquisition regulations by building or improving the statistical monitoring of cross-border capital flows and accelerating the integration and upgrading of the IT system for foreign exchange administration, to enhance the efficiency and offer more convenience. Of the 50 documents to be abolished and nullified this time, 50% are those to be abolished or declared invalid after the reconstruction of the IT system and adjustment of data acquisition rules. Next, the SAFE will continue with the law-based administration, enhance the top-down design of the laws and regulations on foreign exchange administration, and implement the long-term mechanism for streamlining the laws and regulations to facilitate understanding and application by banks, companies, and individuals of the laws and regulations on foreign exchange administration, and to promote trade and investment facilitation. 2015-05-18/en/2015/0518/1157.html
-
To make the release of foreign exchange administration data more transparent and facilitate the general public to obtain and use the balance of payments data and related data, the Timetable for the Release of Major Statistical Data 2015 is hereby published (see the appendix for details). FILE: Timetable of the SAFE for the Release of Major Statistical Data, 2015 2015-03-31/en/2015/0331/1151.html
-
The State Administration of Foreign Exchange (SAFE) has recently issued the Circular of the State Administration of Foreign Exchange on Further Advancing Foreign Exchange Administration Reform to Enhance Authenticity and Compliance Reviews (Huifa No. 3 [2017]) (hereinafter referred to as Circular). The official of the SAFE has answered press questions on relevant issues. I. What are the background and logic behind introducing the Circular? A: For a long time, the SAFE has closely followed the work plans of the CPC Central Committee and the State Council, with a focus on accelerating administration streamlining and power delegation, transforming government functions, breaking new grounds in the reform, reducing institutional transaction costs and promoting trade and investment facilitation. Meanwhile, it has been committed to monitoring and early warning of cross-border capital flows, imposing stringent requirements on authenticity and compliance reviews, maintaining a tough stance on foreign exchange irregularities, and safeguarding the healthy and orderly foreign exchange markets to serve the development of the real economy. The Circular will continue with this logic: first, efforts will be made to systematically advance the reform in key areas, especially the liberalization of the domestic foreign exchange markets, in a bid to promote trade and investment facilitation; second, the capital flow management system will be built and refined under the macro-prudential management framework. Banks and enterprises will be required to observe the existing provisions on foreign exchange administration and make sure transactions are authentic and comply with relevant regulations. The bottom line against risks must be adhered to under the overall principle of reform and opening up to safeguard the order of the foreign exchange markets and guard against cross-border capital flow risks. The cross-border receipts, payments and exchanges that have authentic backgrounds and comply with relevant regulations will not be affected. II. How will the market benefit from foreign exchange settlements for domestic foreign exchange loans for exports under trade in goods? What attention should be paid? A: Allowing foreign exchange settlements for domestic foreign exchange loans for exports under trade in goods on the premise of controllable risks will be favorable for addressing difficult and costly financing facing some small and medium-sized importers and exporters and for the development of the real economy. Foreign exchange funds that could be settled include outward documentary bills and export bill discounts under L/C and collection, export commercial invoice discounts, export factoring, forfeiting, order financing, agreed financing, overseas agency payments for exports, packing loans and other domestic foreign exchange loans for exports under trade in goods. To avoid currency mismatches between enterprises and banks, and reduce the impact on the monetary policy from foreign exchange settlements of domestic foreign exchange loans, domestic institutions will be required to use foreign exchange proceeds from exports of goods to repay the domestic foreign exchange loans under which foreign exchange has been settled into RMB. In principle, they are not allowed to make payments through buying foreign exchange, in order to maintain an equilibrium between aggregate supply and demand in the foreign exchange markets. III. What are the major considerations for allowing funds for overseas loans under domestic guarantees to be transferred back for domestic use? A: Since the macro-prudential management policy for full-scale cross-border financing was implemented in 2016, Chinese enterprises have been allowed to borrow external debt in proportion to their net assets. Allowing funds for overseas loans under domestic guarantees to be transferred back as external debt for domestic use under the macro-prudential management framework will be favorable for facilitating cross-border investment and financing by enterprises and enable them to ease the difficulties to raise funds, reduce the heavy cost of financing and serve the real economy by using the resources of both domestic and foreign markets. In practice, the enterprises should simply handle the external debt registration in accordance with the existing regulations on external debt management. Moreover, funds for overseas loans under domestic guarantees could also be transferred back for domestic use through equity participation according to relevant regulations. IV. What new progress has been achieved in supporting centralized operation and management of foreign exchange of multinationals? A: According to the Regulations on the Centralized Operation and Management of the Foreign Exchange Funds of MNCs (Huifa No. 36 [2015]) issued in 2015, "the deposits attracted by domestic banks through the international foreign exchange master account can be used in China within 50% of the balance of the daily average deposits for the previous six months; over 50% of the deposits attracted through the international foreign exchange master account can be used domestically provided that the quota for outstanding short-term external debt have been used." In practice, the models and paths of domestic use of deposits are based on banks' own operations. The adjustment of the proportion of 50% into 100% this time and the provision that funds for domestic use are not included in the quota for outstanding short-term external debt of banks are for the purposes of motivating banks' initiatives to optimize the functions of the international foreign exchange master account and diversify the channels to use funds. V. What are the major considerations for allowing overseas institutions in pilot free trade zones to go through the procedures of foreign exchange settlements through the non-resident account? A: Building pilot free trade zones is a significant move adopted by the CPC Central Committee and the State Council to deepen reform and opening up under new circumstances. The SAFE has been active in supporting and implementing the measure. According to the Circular of the State Administration of Foreign Exchange on Management of Non-resident Accounts of Overseas Institutions (Huifa No. 29 [2009]), without approval from the SAFE branch and foreign exchange administration department in places of registration, overseas institutions are forbidden from going through foreign exchange settlements of funds in their non-resident accounts directly or in disguise. To seek the experience in monitoring offshore accounts and make further use of the pilot free trade zones in deepening reform and opening up, the Circular allows settlements of foreign exchange funds in the non-resident account (NRA) opened with the banks in the pilot free trade zones. Where the funds are remitted for domestic use after the foreign exchange settlement, the valid commercial documents and vouchers of domestic institutions and individuals concerned will first be reviewed in accordance with the regulations with regard to cross-border transactions and the balance of payments declaration will be made as required. Moreover, the SAFE made clear in 2015 that overseas institutions could engage in spot foreign exchange settlement and sales in accordance with relevant regulations, and the banks registered in the pilot free trade zones could handle RMB and foreign exchange derivatives transactions for them, while allowing foreign exchange settlements in the non-resident account of an overseas institution in the free trade zones could boost the above innovative measures to play their roles. VI. Why does the Circular stress again that "enterprises shall go through the procedures of foreign exchange receipts and payments under trade in the principle that 'whoever exports shall receive foreign exchange, and whoever imports shall make payments", and are required to undergo the procedures for foreign exchange receipts in time? A: In accordance with Article 14 of the Guidance on Foreign Exchange Administration under Trade in Goods and Article 2 of the Detailed Rules on the Implementation of the Guidance on Foreign Exchange Administration under Trade in Goods, enterprises shall go through the procedures of foreign exchange receipts and payments under trade in the principle that 'whoever exports shall receive foreign exchange, and whoever imports shall make payments", and collect payments on time and in full as agreed upon in the contracts in export business. In the case of foreign trade agency, the agent shall be responsible for foreign exchange receipts and payments. Where the entity that handles foreign exchange receipts and payments in line with regulations is inconsistent with the importer/exporter, the subject alteration procedures shall be gone through with the local foreign exchange authority. Recently, the SAFE has found from its monitoring and verification that a few enterprises do not collect foreign exchange or collect less foreign exchange than they should, and the foreign trade declarer is inconsistent with the subject engaged in foreign exchange receipts and payments, which have interrupted the order of foreign exchange receipts and payments. Given this, the Circular reiterates the above requirements, warns risks and stresses foreign exchange business should be authentic and comply with regulations, in a bid to further regulate the order in the foreign exchange markets and serve the sustained and healthy economic development. VII. Why are domestic institutions required to report information on the overseas deposits of the foreign exchange receipts under the current account? A: According to the Circular of the SAFE on Printing and Distributing the Regulations on Foreign Exchange Administration for Trade in Goods (Huifa No. 38 [2012]), and the Circular of the SAFE on Printing and Distributing the Regulations on Foreign Exchange Administration for Trade in Services (Huifa No. 30 [2013]), domestic institutions are required to go through the opening registration or verification procedures for the overseas foreign exchange account with the foreign exchange authority in advance if they want to deposit overseas the foreign exchange receipts generated by trade in goods and trade in services, and timely report the information on the receipts and payments in the overseas foreign exchange account for the foreign exchange authority to conduct off-site monitoring. But the monitoring and verification revealed that individual institutions have failed to go through relevant registration and filing procedures or report information as required for various reasons. To understand and obtain the information on foreign exchange receipts under the current account, collect the data on foreign exchange receipts deposited overseas, standardize data reporting, and refine the management of foreign exchange receipts deposited overseas, the Circular requires that any domestic institution who fails to timely report their overseas accounts and the receipts and payments in the account should actively report the accurate and complete information to the local foreign exchange authority, or have them recorded into the system within one month after the Circular is released, so that relevant information could be obtained in an all-round way. Any domestic institution who fails to go through registration procedures or report information will be punished by the foreign exchange authority in accordance with the Regulations of the People's Republic of China on Foreign Exchange Administration. VIII. What refinements have been made in the Circular to the management of outward remittances of the profits of domestic institutions? A: Outward remittances of the profits from direct investments should be recorded under the current account. Since the current account is convertible in China, a domestic institution only needs to follow procedures to present evidencing materials and can complete the procedures of outward remittances directly with the bank without any constraints, provided that the profits are authentic and in compliance with regulations. Pursuant to the Company Law, the Circular further clarifies that domestic institutions should make up for the losses incurred in previous years before remitting the profits overseas, and reiterates the requirement on document reviews for remitting outward the profits in the amount above the equivalent of USD 50,000 (exclusive), and does not require additional new review materials to be submitted. For the outward remittances of the profits in the amount below the equivalent of USD 50,000 (inclusive), the Circular of the SAFE on Printing and Distributing the Regulations on Foreign Exchange Administration for Trade in Services (Huifa No. 30 [2013]) shall continue to be followed, and banks may skip reviewing transaction documents in principle, but shall require domestic institutions and individuals to present transaction documents for reviews in case that the nature of funds is uncertain. Banks shall continue to refine the authenticity and compliance reviews with regard to the outward remittances of the profits of domestic institutions in accordance with the three business operation principles, which is in line with international practices. IX. What policy adjustments have been made with regard to ODI management? A: The SAFE has always been supportive to ODI that is authentic and rational. It has been committed to administration streamlining and power delegation with regard to ODI policies in recent years, shifting frequent reviews and verification to registration and filing, and adopted consistent and stable foreign exchange administration policies for ODI. Without changing the regulatory orientation for ODI, the Circular requires domestic institutions to explain to banks the sources and purposes (use plan) of the investment funds, and present to banks the resolutions of the board of directors (or of the partners), contracts and other authenticity evidencing materials, for the purposes of promoting sustained and healthy development of China's ODI to seek mutual benefits and common development through enhancing authenticity and compliance reviews. The authenticity materials could be the resolutions of the board of directors (or of the partners), contracts, or financial statements (with the sources of funds explained), and the fund use plan (with the purposes of funds described). X. What are the major considerations for managing full-scale overseas loans in domestic and foreign currencies? A: As the impact of the cross-border flows of RMB and foreign currencies on the balance of payments are the same in nature, the People's Bank of China (PBC) and the SAFE have long been committed to refining the integrated management of cross-border capital in domestic and foreign currencies. In April 2016, the PBC issued the Circular on Implementing Nationwide the Macro-prudential Management of Full-scale Cross-border Financing (Yinfa No. 132 [2016]) to roll out the pilot program of integrated management of full-scale cross-border financing in domestic and foreign currencies to financial institutions and enterprises across the country, in a bid to diversify the financing channels of domestic market players, help reduce financing cost and serve and support the development of the real economy. According to the Circular, the integrated macro-prudential management will be adopted for overseas loans in domestic and foreign currencies of domestic enterprises, which is for the purposes of building and refining the capital flow management system under the macro-prudential management framework, promoting the two-way balance of cross-border capital flows in domestic and foreign currencies, and strengthening and intensifying macro control. This Circular shall prevail in case of inconsistency between other existing provisions on foreign exchange administration and this Circular in the proportion of the owner's equity. 2017-01-26/en/2017/0126/1248.html